BILL ANALYSIS
AB 1196
Page 1
Date of Hearing: April 18, 2007
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Alberto Torrico, Chair
AB 1196 (Gaines) - As Amended: February 23, 2007
SUBJECT : Flamethrowing devices.
SUMMARY : Exempts firefighters who use flamethrowing devices
(flamethrowers) in the scope of their employment from having to
obtain a permit from the State Fire Marshal (SFM) to possess or
use flamethrowers. Specifically, this bill exempts a person
from having to obtain a permit from SFM to sale, purchase,
possess, transport, store, or use of a flamethrower if all of
the following apply:
1)The person is regularly employed by or a paid officer,
employee, or member of a fire department, fire protection
district, or firefighting agency of the federal government,
the state, a city, a county, a city and county, district,
public or municipal corporation, or political subdivision of
this state.
2)The person is on duty and acting within the course and scope
of his or her employment.
3)The flamethrower is used by the fire department, fire
protection district, or firefighting agency in the course of
fire suppression.
EXISTING LAW requires SFM to adopt regulations governing the
possession and use of flamethrowers. Prohibits the possession
or use of a flamethrower without a valid permit issued by SFM
and provides that a violation of these provisions is a crime.
Authorizes SFM to impose fees in amounts sufficient to cover the
costs incurred in the administration and enforcement of these
provisions.
Requires SFM to adopt regulations that identify and specify the
scope of each class of pyrotechnic operator license. A
pyrotechnic operator license allows the licensee to handle,
supervise, or discharge dangerous fireworks at public displays
of all types, and to handle, supervise, or discharge rockets and
special effects pyrotechnic devices which produce an audible or
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visual effect in connection with group entertainment or motion
picture productions which may or may not be held before live
audiences.
FISCAL EFFECT : Unknown.
COMMENTS : Purpose of the bill : According to the author's
office, "without this exemption, all firefighters would be
required to apply for an annual permit issued by SFM. Each of
the more than 900 fire protection jurisdictions throughout the
state that employs more than 30,000 paid firefighters would be
required to maintain these requirements for use during emergency
firefighting operations. Obtaining a permit for the vast number
of firefighters statewide (over 5,000 in the California
Department of Forestry and Fire Protection alone) would be
costly as well as time consuming (from several weeks to as much
as 90 days)."
"Federal firefighters as well as firefighters from surrounding
states are often called upon to assist in California wildfires.
Current law, as written, would prevent these firefighters from
using flamethrowers, as they are neither required by federal law
nor by their own state laws to possess a permit to use this
valuable tool and would result in hampering their efforts in
slowing or even stopping an advancing fire and thereby endanger
lives and property."
Background : In 2003, legislation was enacted (SB 238, Chapter
499, Statutes of 2003) to, among other things, classify
flamethrowers as destructive devices and restrict the use and
possession of flamethrowers by requiring an operator to obtain a
destructive device license issued by the Department of Justice
(DOJ). AB 238 did provide an exemption that allowed
firefighters to use flamethrowers within the scope of their
employment without having to obtain a license.
After SB 238 became operative, entertainment companies (theme
parks, movie, television, and touring productions) raised
concerns over the "simplicity" of obtaining this license. They
argued that having to obtain a license from DOJ adds unnecessary
costs - in terms of time and money - to law-abiding, reputable
entertainment companies already beset with a myriad of rules,
regulations, fees, and taxes. As a result of the new
requirement, entertainment companies had to obtain a license
from DOJ to operate a destructive device and a permit from SFM
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under the state's fireworks laws to operate pyrotechnics. They
argued that the new requirement provided an additional reason
for the entertainment industry to move its operations outside of
California.
In 2004, legislation was enacted (SB 1781, Chapter 496, Statutes
of 2004) to delete flamethrowers from the definition of
destructive devices and require the SFM to adopt regulations
governing the possession and use of flamethrowers. This
statutory change was intended to consolidate the regulation of
pyrotechnic operators and their use of flamethrowers under one
state agency.
The proponents of AB 1196 report that the legislation enacted in
2004 (SB 1781) erroneously omitted the exemption contained in
the 2003 legislation (SB 238) that allowed all firefighters to
use flamethrowers within the scope of their employment without
having to obtain a permit. AB 1196 is intended to correct the
inadvertent error that if left uncorrected could arguably hinder
firefighting operations and result in increased fire loss
statewide.
Related legislation : SB 1781 (Knight), Chapter 496, statutes of
2004, simplifies the regulatory process for flamethrowers by
providing SFM (instead of DOJ) with the authority to issue
permits. Prohibits the use or possession of such device without
a valid permit, makes a violation of the prohibition a crime and
authorizes the SFM to impose fees to cover the administrative
costs and enforcement of this act.
SB 238 (Perata), Chapter 499, Statutes of 2003, classifies
'flamethrowers' as a destructive device and required operators
of destructive devices to obtain a destructive device permit
issued by the DOJ. Exempted various groups including
firefighters while on duty and acting within the scope and
course of their employment.
REGISTERED SUPPORT / OPPOSITION :
Support
California Department of Forestry and Fire Protection
Firefighters
California Department of Forestry and Fire Protection (CAL FIRE)
AB 1196
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Opposition
None on file.
Analysis Prepared by : Chris Lindstrom / G. O. / (916)
319-2531